रजिस्ट्री सं० डी० एल (एन)04/0007/2003-09
REGISTERED NO . DL-( N) 04/ 0007/2003-09
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 34]
नई दिल्ली, प्रॉमवार, दिसम्बर 14, 2009/अग्रहायण 23 , 1931
No. 34] NEW DELHI , MONDAY, DECEMBER 14, 2009 / AGRAHAYANA 23 , 1931
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
LOK SABНА
Thefollowing Bill was introduced in Lok Sabha on 14th December , 2009 :-
BILL NO . 132 OF 2009
ABill to make special provisions for the National Capital Territory ofDelhi for a further period up to the 31st day of December, 2010 and for matters connected therewith or incidental thereto .
WHEREAS there had been phenomenal increase in the population of the National Capital Territory ofDelhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the Master Plan of Delhi , 2001 and the relevant Acts and building bye - laws made thereunder ;
AND WHEREAS the Master Plan of Delhi , 2001 was extensively modified and notified by the Central Government on the 7th day of February, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis - a - vis the social , financial and other ground realities;
AND WHEREAS the Master Plan of Delhi with the perspective for the year 2021 specifically provides for strategies for housing for urban poor as well as to deal with the informal sector ;
AND WHEREAS a strategy and a scheme has been prepared by the local authorities in the National Capital Territory of Delhi for regulation of urban street vendors in accordance with theNational Policy for Urban Street Vendors and the Master Plan for Delhi , 2021 , and is being implemented ;
AND WHEREAS based on the policy finalised by the Central Government regarding regularisation of unauthorised colonies , village abadi area and its extension , the guidelines and regulations for this purpose have been issued ;
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2
AND WHEREAS in pursuance of the guidelines and regulations for regularisation of unauthorised colonies , necessary steps are being taken which, inter alia , involve scrutiny of layout plans , assessment of built up percentage existed as on the 31st day of March , 2002 , identification of mixed use streets , approval of layout plans , fixation of boundaries , change of land use and identification of colonies not eligible for regularisation;
AND WHEREAS more time is required for orderly implementation of scheme regarding hawkers and urban street vendors and for regularisation of unauthorised colonies , village abadi area and its extension;
AND WHEREAS the revised policy and orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi -Jhompri clusters in the National Capital Territory ofDelhi has been considered and a Bill , namely the Delhi Urban Shelter Improvement Board Bill , 2009 has been prepared by the Government of National Capital Territory of Delhi to provide for implementation of schemes for improvement ofJhuggi -Jhompri clusters and its redevelopment with a view to bring improvement in environment and living conditions , and preparing housing scheme for resettlement of persons ;
AND WHEREAS the draft policy regarding farm houses has been formulated by the Delhi Development Authority and has been forwarded to major stakeholders for their views and comments:
AND WHEREAS in pursuance of the Master Plan for Delhi , 2021 , the policy or plan regarding schools , dispensaries , religious institutions , cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is under consideration of the Central Government;
43 of 2007 .
AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act , 2007 was enacted on the 5th day of December, 2007 to make special provisions for the areas of National Capital Territory of Delhi for a period up to the 31st day ofDecember , 2008 which ceased to operate after the 31st day of December , 2008 ;
24 of 2009 .
AND WHEREAS the National Capital Territory of Delhi Laws ( Special Provisions) Act , 2009 was enacted in continuation of the aforesaid Act referred to in the preceding paragraph for a period up to the 31st day of December, 2009 to make special provisions for the areas of National Capital Territory of Delhi and that Act shall cease to operate after the 31st day ofDecember, 2009;
AND WHEREAS it is expedient to have a law in terms of the Master Plan of Delhi , 2021, in continuation of the said Act for a period up to the 31st day of December , 2010 to provide temporary relief and to minimize avoidable hardships and irreparable loss to the people ofthe National Capital Territory of Delhi against any action by the concerned agency in respect of persons covered by the policies referred to above .
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:--
hort title ,
1. (1) This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009 .
(2) It extends to the National Capital Territory of Delhi .
xtent , ommencement nd duration .
(3) It shall come into force on the 1st day of January, 2010 .
10 of 1897 .
(4) It shall cease to have effect on the 31st day of December , 2010 , except as respects things done or omitted to be done before such cesser , and upon such cesser section 6 of the General Clauses Act , 1897 , shall apply as if this Act had then been repealed by a Central Act.
Definitions .
2.(1) In this Act , unless the context otherwise requires ,-
66 of 1957. Punjab Act 3 of 1911.
61 of 1957 .
(a) "building bye - laws " means bye - laws made under section 481 of the Delhi Municipal Corporation Act , 1957 or the bye - laws made under section 188 , sub - section ( 3 ) of section 189 and sub - section ( 1 ) of section 190 of the Punjab Municipal Act, 1911 , as in force in New Delhi or the regulations made under sub - section ( 1 ) of section 57 ofthe Delhi Development Act , 1957, relating to buildings ;
SEC.2]
THE GAZETTE OF INDIA EXTRAORDINARY
3
66 of 1957.
(b) " Delhi " means the entire area of the National Capital Territory ofDelhi except the Delhi Cantonment as defined in clause ( 11 ) of section 2 of the Delhi Municipal CorporationAct, 1957;
(c) " encroachment " means unauthorised occupation of Government land or public land by way of putting temporary, semi - permanent or permanent structure for residential use or commercial use or any other use ;
66 of 1957.
44 of 1994 .
61 of 1957 .
(d) " local authority " means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957, or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 or the Delhi Development Authority established under the Delhi Development Act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction ;
61 of 1957 .
(e) "Master Plan " means the Master Plan for Delhi with the perspective for the year 2021 , notified vide notification number S.O.141 (E) , dated the 7th day ofFebruary , 2007, under the Delhi Development Act, 1957;
() "notification " means a notification published in the Official Gazette;
(g) " punitive action " means action taken by a local authority under the relevant law against unauthorised development and shall include demolition , sealing ofpremises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
(h) " relevant law " means in case of
61 of 1957 .
(i) theDelhi Development Authority, the Delhi Development Act, 1957;
66 of 1957 .
(ii) theMunicipal Corporation of Delhi , the Delhi Municipal Corporation Act, 1957; and
44 of 1994.
(iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994;
(i) "unauthorised development " means use of land or use of building or construction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans , or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan , as the case may be , and includes any encroachment.
61 of 1957 .
66 of 1957.
(2) Words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Delhi Development Act, 1957 , the Delhi Municipal Corporation Act , 1957 and the New Delhi Municipal Council Act, 1994.
44 of 1994 .
Enforcement to be kept in abeyance.
3. ( 1 ) Notwithstanding anything contained in any relevant law or any rules , regulations orbye- laws made thereunder, the Central Government shall before the expiry of this Act, take all possible measures to finalise norms , policy guidelines , feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and Jhuggi-Jhompri clusters , hawkers and urban street vendors , unauthorised colonies , village abadi area ( including urban villages ) and its extension, existing farm houses involving construction beyond permissible building limits and schools , dispensaries , religious institutions, cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land , as mentioned below:
(a) policy for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in accordance with the provisions of the Master Plan of Delhi , 2021 to ensure development of Delhi in a sustainable , planned and humane manner ;
(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided intheMaster Plan ofDelhi , 2021 ;
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THE GAZETTE OF INDIA EXTRAORDINARY
(c) orderly arrangements pursuant to guidelines and regulations for regularisation ofunauthorised colonies , village abadi area ( including urban villages ) and its extension, as existed on the 31st day of March , 2002, and where construction took place even beyond that date and up to the 8th day of February, 2007;
(d) policy regarding existing farm houses involving construction beyond permissible building limits ; and
(e) policy or plan regarding schools , dispensaries , religious institutions, cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce (including dairy and poultry ) in rural areas built on agricultural.land.
(2) Subject to the provisions contained in sub- section ( 1 ) and notwithstanding any judgment , decree or order of any court , status quo-
(i) as on the 1st day of January, 2006 , in respect of encroachment or unauthorised development; and
(ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its extension , which existed on the 31st day of March , 2002 and where construction took place even beyond that date and up to the 8th day of February, 2007 , mentioned in sub - section ( 1 ) ,
shall be maintained.
(3)All notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub- section ( 1 ) , shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of December, 2010 .
(4) Notwithstanding any other provision contained in this Act, the Central Government may, at any time before the 31st day ofDecember , 2010 , withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub - section (2) or sub - section (3 ) , as the case may be .
4. During the period of operation of this Act, no relief shall be available under the provisions ofsection 3 in respect ofthe following encroachment or unauthorised development , namely:-
Provisions of this Act not to apply in certain cases .
(a) encroachment on public land except in those cases which are covered under clauses (a) , (b ) and (c) of sub- section ( 1) of section 3 ;
(b) removal of slums and Jhuggi -Jhompri dwellers , hawkers and urban street vendors, unauthorised colonies or part thereof, village abadi area ( including urban villages ) and its extension in accordance with the relevant policies approved by the Central Government for clearance of land required for specific public projects .
5. The Central Government may, from time to time , issue such directions to the local authorities as it may deem fit , for giving effect to the provisions of this Act and it shall be the duty of the local authorities, to comply with such directions .
Power of Central Government to give directions.
5 SEC.2]
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STATEMENT OF OBJECTS AND REASONS
The "Delhi Laws (Special Provisions) Act , 2006 " was enacted to address orders and directions passed by the Supreme Court and the High Court of Delhi in cases pending before them regarding contentious issues which were confronting the city of Delhi , namely, unauthorised constructions , commercial use of residential premises , encroachment on public landby slum dwellers and Jhuggi-Jhompri clusters, problems relating to urban street vendors , which were affecting the lives of millions ofpeople .
2. The aforesaid Act, inter alia , required the Central Government with a time period of one year to take all possible steps to finalise norms , policy guidelines and feasible strategies to deal with the problem of certain forms of unauthorised development with regard to mixed land use not conforming to the Master Plan , construction beyond sanctioned plans, and encroachment by slum and Jhuggi -Jhompri dwellers , hawkers and urban street vendors . It also provided for status quo as on the 1st day of January , 2006 to be maintained in respect of these categories of unauthorised development, subject to certain conditions notwithstanding any judgment , decree or order of any court. Similarly, it provided that all notices issuedby the local bodies for initiating action against these categories of unauthorised development shall be deemed to have been suspended and that no punitive action shall be taken during the said period of one year .
3. The Delhi Laws (Special Provisions) Act, 2006 remain effective for a period of one year and lapsed on the 18th May, 2007. In the intervening period , the Master Plan for Delhi , 2021 was notified on the 7th February, 2007 , incorporating extensive amendments in respect of provisions governing mixed land use , and for construction beyond sanctioned plans, thus providing much needed relief in case of unauthorised development with regard to mixed land use not conforming to the Master Plan and construction beyond sanctioned plans.
4. In view of the fact that the provisions of the aforesaid Act ceased to operate on and after the 19th May, 2007 , and that some more time was needed for making policy guidelines and feasible strategies or schemes to deal with the problems of unauthorised development in certain categories such as slum and Jhuggi- Jhompri dwellers , urban street vendors and hawkers , farm houses , schools , dispensaries , religious institutions , cultural institutions built in rural areas on agricultural land , the National Capital Territory of Delhi Laws (Special Provisions) Ordinance , 2007 was promulgated on the 4th July, 2007.
5. In the meantime, in view of some important developments in regard to sealing of commercial premises in the unauthorised colonies , the scope of the proposed National Capital Territory ofDelhi Laws ( Special Provisions) Bill , 2007 was widened to maintain status quo in respect of unauthorised colonies , including village abadi and its extension , storages , warehouses and godowns meant for agricultural inputs or produce ( including dairy and poultry) in rural areas built on agricultural land , and in view of the exigencies involved, the National Capital Territory of Delhi Laws ( Special Provisions) Second Ordinance , 2007 was promulgated on the 15th September, 2007, the provisions of which were in force up to the 31st December, 2008 , to maintain status quo so that no punitive action could be taken during thisperiod in respect of the categories of unauthorised development as given above .
6. The National Capital Territory of Delhi Laws ( Special Provisions) Second Ordinance , 2007 was replaced by the National Capital Territory of Delhi Laws (Special Provisions ) Act, 2007 on the 5th December, 2007 , the provisions of which were in force up to the 31st December, 2008 and ceased to operate after the 31st December , 2008 .
7.During the period , the said Act was in force , the Municipal Corporation ofDelhi and the New Delhi Municipal Council have formulated the Hawkers and Urban Street Vendors Scheme and have started implementing the same, but some more time was needed to ensure its orderly implementation . Similarly, the guidelines and regulations for regularisation of unauthorised colonies in Delhi was issued .
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8. The National Capital Territory of Delhi Laws ( Special Provisions ) Act, 2009 was enacted on the 16th March , 2009 to make special provisions for the areas of the National Capital Territory of Delhi for a period up to the 31st day of December , 2009 and shall cease to operate after the 31 st day of December, 2009.
9. Subsequent to enactment of the National Capital Territory of Delhi Laws ( Special Provisions ) Act, 2009 ,-
(i) a strategy and a scheme prepared by the local authorities in the National Capital Territory of Delhi for regulation ofurban street vendors in accordance with the National Policy for Urban Street Vendors and the Master Plan for Delhi , 2021 , is being implemented;
(ii) in pursuance of the guidelines and regulations for regularisation of unauthorised colonies , necessary steps are being taken which , inter alia , involve scrutiny of layout plans , assessment of built - up percentage existed as on the 31st day ofMarch , 2002, identification of mixed use streets , approval of layout plans , fixation of boundaries , change of land use and identification of colonies not eligible for regularisation;
(iii ) the revised policy and orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi- Jhompri clusters in the National Capital Territory of Delhi has been considered and a Bill, namely, the Delhi Urban Shelter Improvement Board Bill , 2009 has been prepared by the Government of National Capital Territory of Delhi to provide for implementation of schemes for improvement of Jhuggi -Jhompri clusters and its re - development with a view to bring improvement in environment and living conditions , and preparing housing scheme for resettlement of persons;
(iv) the draft policy regarding farm houses has been formulated by the Delhi Development Authority and has been forwarded to major stakeholders for their views and comments;
(v) inpursuance of the Master Plan for Delhi , 2021 , the policy or plan regarding schools , dispensaries , religious institutions , cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is under consideration of the Central Government .
10.More time is needed for orderly implementation of the programmes and formulation of strategies , schemes , guidelines , policies and plans , etc. , referred to in sub - paragraphs (i) to ( v) of paragraph 9 .
11.Accordingly, it is proposed to enact a law for a period beginning from the 1stday of January, 2010 and ending at the 31st day of December, 2010 to give continued effect to the aforesaid programmes , strategies , schemes , guidelines , policies and plans , etc.
12. The Bill seeks to achieve the above objectives .
S. JAIPAL REDDY.
NEW DELHI;
The 8th December, 2009 .
P.D.T ACHARY,
Secretary -General.
PRINTED BY THE GENERAL MANAGER , GOVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI - 2009 .
GMGIPMRND-5473GI ( S5)-17-12-2009 .